By GRACE CHAILE LESOETSA
FORMER Health Minister Chitalu Chilufya has failed to trace former acting director-general Rosemary Khuzwayo’s whereabouts and has therefore asked for Lusaka High Court permission to serve Court documents on Anti-Corruption Commission (ACC) on her through the print media.
In this matter, Dr Chilufya wants ACC to pay him damages for malicious prosecution as well as exemplary and aggravated damages to be assessed.
He stated that the US$50 million he is claiming is for damages to his reputation following malicious publications attributed to ACC, for intimidation, libel and defamation to be assessed.
This is in relation to his arrest and prosecution last year while serving as a Cabinet Minister. The investigative wing charged him with different offences, which included, being in possession of property suspected to be proceeds of crime and corrupt practices.
Recently an audio circulated were then ACC Director General Ms Khuzwayo was heard directing her officers to prosecute the then Minister of Health despite not having sufficient evidence.
He was tried in the Lusaka Magistrate’s Court and acquitted after ACC failed to provide evidence linking him to the offences.
According to an affidavit in support of ex-parte summons for leave to serve writ of summons, statement of claim and list of witnesses by substituted service, Dr. Chilufya through his lawyer Tutwa Ngulube stated that efforts have been made to serve the documents on Ms Khuzwayo through her former place of work and also further attempts to seek the residential address and contacts but to no avail.
“Reasonable effort within my means to locate the second defendant in order to obtain her new address or establish any communication but the same has proved futile. I crave the indulgence of this court to grant Dr Chilufya leave to serve the writ of summons, statement of claim and list of witnesses by advertising once in one of the print media widely circulated in Zambia,” read the application.
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